C2003/4762, Transcript of Proceedings [2003] AIRCTrans 3362 (11 August 2003)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT HARRISON

C2003/4762

STATE RAIL AUTHORITY OF NEW SOUTH WALES

and

AUSTRALIAN RAIL TRAM AND BUS INDUSTRY UNION

Notification pursuant to Section 99 of the Act
of a dispute re alleged refusal to work on
the Sydney Broken Hill Service on Monday,
21 July 2003 - report back

SYDNEY

4.00 PM, THURSDAY, 24 JULY 2003

Continued from 21.7.03

PN214

THE SENIOR DEPUTY PRESIDENT: I think the appearances remain the same. Who would like to start?

PN215

MR DWYER: I'll start if you like, your Honour. Following our hearing and conference on Monday, your Honour, the parties took your advice and on the Monday afternoon, I think it was, at about 4.30 State Rail supplied all documentation that was required for the union to examine in relation to the alleged incidents that had occurred on the train. We met with the union at 2.00 pm the next day, the Tuesday, and discussed with the union what they had found in the documentation. The only thing that the union pointed out to us in the host of documents that we gave them were two incidents, one which I think is RTBU1 or 2 - I think it's RTBU1 - which reported some hooligans getting on the train at Strathfield and decamping at Parramatta.

PN216

The other one was the incident that I raised in my submissions, your Honour, in relation to an incident with a gentleman being refused further service of alcohol up around the Inverell Ivanhoe area, something like that. So out of all the documentation the parties agreed that there was only the two incidents that had been reported by staff and neither of those incidents had been put on security incident reports which would indicate to us that although there was an incident on the train it wasn't of great significance in relation to concerns of the crew. But that's only an assumption we'd make because of the lack of incident reports.

PN217

At that time the position was then, your Honour, that we said to the union well there is no evidence that there is a problem. However, we've had further discussions and we've agreed that - although there is no physical evidence we've agreed that we will do a further OH & S study on the train next Monday to Broken Hill and return from Broken Hill on the Tuesday. State Rail will have an OH & S officer on the train and the RTBU will be represented by the OH & S chairman of the onboard area, your Honour. So there will be two people out there just to have a look. As I say, apart from any physical evidence just to get a feeling if there's any concerns amongst the troops. That's the position at the moment, your Honour.

PN218

I understand that the union is quite comfortable to go that way and I would expect that come Tuesday or Wednesday next we'll know a result and both parties will agree on whatever that finding is, if the Commission pleases.

PN219

THE SENIOR DEPUTY PRESIDENT: Or at least there will be further discussions about that.

PN220

MR DWYER: At least, your Honour, yes.

PN221

THE SENIOR DEPUTY PRESIDENT: All right. At least in the short term from your point of view you seem to have agreed where you're going, but let's hear from Mr Clements.

PN222

MR CLEMENTS: Your Honour, in terms of the general direction Mr Dwyer is correct, we have agreed to the SRAs offer of putting a safety

PN223

expert and the chairman of our OH & S committee on the train on Monday and Tuesday and we will meet after that to have a look at the results of that and continue negotiations and discussions on this matter. Just on record I would to just point out that in terms of the material which was produced from the trip reports Mr Dwyer is correct to point out that there are only two incidents or there are two incidents of violence or security issues on the train and I should point out also though I think one of them is the subject of a security incident report - I think we'll find that that's not to be tested here today - but the RTBU did find quite an amount of material which assisted our arguments. But they're to be made another day, I just wished to put that on the record.

PN224

THE SENIOR DEPUTY PRESIDENT: All right, well then, you could not be taken to be silent in relationship to any inferences that might be drawn from the reports. We may or may not have to have that argument another day. Hopefully not.

PN225

MR CLEMENTS: That's correct.

PN226

THE SENIOR DEPUTY PRESIDENT: Good. There's not much then I can do except perhaps adjourn the matter to a date to be fixed with liberty to apply to have the matter called on at short notice if required. Shall we do that?

PN227

MR CLEMENTS: Yes, thank you.

PN228

THE SENIOR DEPUTY PRESIDENT: The Commission now adjourns.

ADJOURNED INDEFINITELY [4.06pm]